SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

P.C. § 629.56: Oral Approval in Lieu of Court Order:
Upon the informal application by the Attorney General,
Chief Deputy Attorney General, Chief Assistant Attorney
General, Criminal Division, or a District Attorney, or a
person to act as District Attorney in the District Attorney’s
absence, the presiding judge of the Superior Court, or the
first available judge designated as provided in P.C. §
629.50, may grant oral approval for an interception,
without a court order, if he or she determines all of the
following:
• There are grounds upon which an order could be
issued under this chapter, and
• There is probable cause to believe that an
emergency situation exists with respect to the
investigation of an offense enumerated in P.C. §
629.52, and
• There is probable cause to believe that a substantial
danger to life or limb exists justifying the
authorization for immediate interception of a private
wire, electronic digital pager, or electronic cellular
telephone communication before an application for
an order could with due diligence be submitted and
acted upon.
Approval for an interception under this section shall be
conditioned upon filing with the judge by midnight of the
second full court day after the oral approval, a written
application for an order which, if granted consistent with
this chapter, shall also recite the oral approval under this
subdivision and be retroactive to the time of the oral
approval.
P.C. § 629.58: Duration of a Wiretap Order:
No order entered under this chapter shall authorize the
interception of any wire, electronic pager, or electronic
cellular telephone, or electronic communication for a
period longer than:
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• Necessary to achieve the objective of the
authorization, nor in any event,
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